GAHC010225892025 2026:GAU-AS:1924 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./3265/2025 SRI ANUP PANDIT S/O. BISHNU PANDIT PRESENT RESIDENT OF BORAGAON, GMC GOLI, SURABHI NAGAR, P.S.GORCHUK, DIST. KAMRUP M, ASSAM. PERMANENT RESIDENT OF, P.S. MADHUPUR, DIST.DEOGHAR, JHARKHAND VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S SHARMA, MR. S SARKAR,MR K THAKUR,MR D MEDHI,U PRASAD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 11.02.2026 Heard Mr. K. Thakur, learned counsel for the accused-applicant. Also heard Mr.

D. P. Goswami, learned Addl. P.P., representing the State respondent.

2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused applicant in connection with Garchuk P.S. Case No. 235/2025, registered under Section 21(C) of the NDPS Act, 1985.

3. The gist of the allegation as alleged in the FIR dated 05.08.2025, by one S.I. (P), Pranab Jyoti Bahttacharyya of Gorchuk Police Station before the Officer In-charge, Gorchuk Police Station are that, after receipt of information from a reliable source regarding the transportation of suspected NDPS substances, the police party proceeded towards Boragaon area, wherein they intercepted one Auto-rickshaw bearing Registration No. AS-01-HC-8330 at the campus of Mrinal Barman near Assam State Warehousing Courporation, Paschim Boragaon under Gorchuk police jurisdiction on suspicion of transporting illegal contraband items. After thorough search of the vehicle, the police recovered 10 big cartons wrapped in yellow plastic sacks, each containing 12 small cartons and each small carton containing 25 bottles of 100 ml Eskuf Codeine Phosphate Syrup, totaling 3000 bottles and one big carton wrapped in a white plastic sack containing Mastana Qhwam. Thereafter, the police team apprehended the accused and seized all the materials. On intimation of the arrested driver of the vehicle, the accused was also arrested on the ground of actively assisting logistics and storage of narcotic drugs. The accused was thereafter, forwarded to the Court of learned Additional Sessions’ Judge, No. 1, Kamrup (M), on 07.08.2025. The accused was sent initially for police custody and thereafter, to judicial custody. Since then, the accused is languishing in jail.

4. On receipt of the FIR, the Police registered Garchuk P.S. Case No. 235/2025 under the aforesaid Section.

5. The learned counsel appearing for the accused-applicant submits that while arresting the accused-applicant, the arresting authority though has issued Arrest Memo but the same is not in compliance of Section 36 of BNSS, 2023. He submits that as per the mandates of section 36 of the BNSS, no signature of any witness who is the member of the family of the person arrested or a respectable member of the locality where the arrest was made, was taken on the Arrest Memo. He submits that in view of the aforesaid violation, the arrest of the accused-applicant being illegal, the accused-

applicant should be released on bail on that ground only.

6. In support of his submission, the learned counsel appearing for the accused- applicant has referred to the case of D. K. Basu, Ashok K Johri-vs-State of West Bengal, reported in AIR 1997 SC 610, wherein, the Hon’ble Apex Court lays down that Police personnel carrying out arrest shall prepare a Memo of Arrest at the time of the arrest and such Memo shall be attested by at least one witness.

7. On the other hand, the learned Addl. P.P., appearing for the State submits that the instant case involves recovery of commercial quantity of narcotics contraband from the conscious possession of the accused-applicant. Therefore, the rigours of section 37 of the NDPS Act shall be applicable in the instant case. He submits that only because a procedural lapse has occurred while arresting the accused-applicant by not attesting the Ar